You got injured on the job, reported it like you’re supposed to — but now your employer is refusing to file a workers’ compensation claim. Maybe they’re dodging your calls, downplaying your injury, or claiming you’re not “really hurt.” 🚩
If this sounds familiar, you’re not alone — and you still have options. 💪
Let’s walk through what to do when your North Carolina employer won’t file your claim 👇
⚠️ First: Know Your Rights Under NC Workers’ Comp Law
In North Carolina, nearly all employers with three or more employees are legally required to carry workers’ compensation insurance — and they must file a claim if an employee suffers a job-related injury or illness.
Under the North Carolina Workers’ Compensation Act:
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Your employer must report your injury to their insurance company and to the NC Industrial Commission (NCIC).
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They are not allowed to delay, ignore, or discourage your claim.
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Retaliating against you for reporting a workplace injury is illegal under the REDA statute (Retaliatory Employment Discrimination Act).
🚨 Signs Your Employer May Be Violating the Law
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They say “you’ll be fine” and don’t provide any paperwork
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They tell you to use your own insurance
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They refuse to complete or submit Form 19 (Employer’s Report of Injury)
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They threaten your job or schedule if you press the issue
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They claim you’re an “independent contractor” when you’re not
Don’t let them intimidate you. 📣
✅ What to Do Next
1. 📝 File Your Own Claim
You don’t need your employer to file for you. You can file your own claim directly with the NC Industrial Commissionusing:
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Form 18 – Notice of Accident to Employer and Claim of Employee
[Download it from the NCIC website or file online]
📅 You must file Form 18 within 30 days of your injury — the sooner, the better.
2. 📚 Gather Evidence
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Keep copies of medical records, incident reports, text messages, and witness statements
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Document all attempts you’ve made to report the injury
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Note any changes in your job duties, hours, or treatment since the injury
3. 🧑⚖️ Speak to a Workers’ Compensation Attorney
If your employer is dodging their responsibilities, it’s time to bring in help. An experienced attorney can:
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File your claim correctly and on time
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Ensure your employer and their insurer comply with the law
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Protect you from retaliation
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Help you secure medical care, lost wages, and long-term benefits
💼 Burts Law, PLLC Protects Injured Workers Across North Carolina
At Burts Law, PLLC, we don’t back down from employers who ignore or deny injured workers’ rights. We know the tricks — and we’ll fight to get you the medical care and compensation you deserve. 🏥💵
📞 Employer Refusing to File Your Claim? Let’s Fix That.
Don’t let delay tactics or intimidation keep you from the benefits you need. If your employer won’t file your workers’ comp claim, Burts Law, PLLC is ready to step in.
📱 Call (866) BURTS-LAW or visit 🌐 www.burtslaw-sc.com for a free consultation.
